State v. Kelm

Philips, C.

This is a prosecution for petit larceny instituted in justice’s court on the affidavit of a private citizen. On a trial had therein the defendant was fined $1. Erom this judgment he appealed to the circuit court, where, on a trial de novo, he was again found guilty and fined $10. The circuit court sustained a motion in arrest of judgment for certain defects in the proceedings unnecessary to particularize, as our decision is placed -upon other grounds fatal to the proceeding. The State has brought the case here on appeal.

Section 12, article 2 of the State constitution declares that…